McHenry v. Keithley
Synopsis
Guardianship—Exclusive Jurisdiction of Probate Court.—The probate court, after having appointed an infant's guardian, has sole jurisdiction of. proceedings either to- settle the past or to insure the future maintenance and education of the infant. The district court has no jurisdiction to order a mortgage of the real estate of the infant.
By the COURT. When a guardian of the estate of an.infant has been appointed by the probate court, the jurisdiction of all proceedings instituted for the purpose of paying the indebtedness incurred in the maintenance and education of the infant, or for the purpose of raising money for his future maintenance and education, pertains exclusively to the probate court. The district court, therefore, has no jurisdiction to order the lands of the infant to be mortgaged for the purposes above mentioned.
Judgment reversed and cause remanded, with directions to dismiss the action. Remittitur forthwith.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)